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High Court for State of TelanganaWP/40101/2018disposed of no costs

Mandava Chandrakala , Srikala, v. The State Of Telangana

2018-11-29A V Sesha Sai3 pages

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.4 0 1 0 1 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Station House Officer, Huzurnagar Police Station, Suryapet District, dated 12.11.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "it is submitted that the petitioner has sent a report dated 02.08.2018 by post to Huzurnagar Police Station, Nalgonda District, stating that her parents has given 1 acre land in Sy.No.186, located in Lakkavaram village and "pasupu kumkuma" at the time of her marriage. One Bommagari Saidulu and his wife Lingamma are insisting to sell the said land. But she did not sell it. Therefore, they developed grudge against her husband Narasimha Rao. They started abusing her and threatening of dire consequences.

The matter was placed before the Panchayat. On 30.07.2018 morning, Panchayat was held. After that, while they are doing agricultural operations, at about 11.00 a.m., B.Saidulu and Lingamma illegally trespassed into their land and attacked them with sticks and stones. The said persons tried to kill them. The said persons also abused her in filthy language. The said persons are resorting to these illegal activities because she did not accept their demand to sell her land to them. The petitioner requested to take action against the said persons.

It is submitted that the above report was received by the Police Station on 08.11.2018. Based on the above report, an entry in the General Diary of the Police Station was made on 08.11.2018 and took up for enquiry. It is submitted that the petitioner also sent a similar report, dated 10.10.2018, to the Superintendent of Police and on reference a GD entry was made on 29.10.2018.

WP.40101/2018 AVSS,J It is submitted that during enquiry, Huzurabad Police examined and recorded the statements of the villagers who are having agricultural lands nearby to the subject lands. The enquiry revealed that the alleged persons i.e., Bommagari Saidulu and his wife Lingamma (unofficial respondents No.5 and 6) are the brother and sister-in-law of the petitioner. The said Saidulu and his wife are having 3 acres land in the village and they are cultivating the land for the past 10 years. They raised paddy crop. The petitioner along with her husband destroyed the said paddy crop when the said Saidulu and his wife were not at the field. The petitioner is not staying in the village and she has no agricultural land. The enquiry further revealed that at the time of marriage, the petitioner was assured to give land but it did not materialize.

The petitioner having bore grudge, destroyed the paddy crop. The enquiry disproved the allegations of assault etc.

It is further submitted that during enquiry, the petitioner was issued a notice to submit documents in support of version. On examination, the petitioner stated that her parents orally informed to give her land at the time of marriage but did not register any document in her favour. There is no written document to establish her claim. To the said effect, the petitioner also given a written statement.

It is submitted that the subject matter is purely civil in nature. Moreover, it is family dispute. Therefore, no further action was taken on the petitioner's report. In view of the above mentioned facts, it is submitted that it is not correct to contend that the Police have not taken any action on the petitioner's report." Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Station House Officer, Huzurnagar Police Station, Suryapet District, dated

WP.40101/2018 AVSS,J 12.11.2018, leaving it open for the petitioner herein to avail the other remedies open to her in accordance with law.. Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 29.11.2018 smr